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Opinions June 23, 2011

June 23, 2011
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7th Circuit Court of Appeals
Joseph E. Corcoran v. Bill Wilson, superintendent
07-2093, 07-2182
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Allen Sharp.
Civil. Reinstates and incorporates by reference the earlier opinion in Corcoran v. Buss to the extent that it reversed the District Court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; and affirmed the District Court’s conclusion that the Indiana courts did not mishandle the issue of his competence to waive post-conviction remedies. Remands to District Court to permit it to address Corcoran’s remaining grounds for habeas relief.

Spurlino Materials LLC v. National Labor Relations Board, et al.
Nos. 10-2875, 10-3049
Petition for review and cross-application for enforcement of order of the National Labor Relations Board.
Civil. Grants the National Labor Relations Board’s application for enforcement of its order against cross-petitioner Spurlino Materials. The NLRB adopted the reasoning of the administrative law judge to find Spurlino engaged in a variety of unfair labor practices and imposed remedial measures. Substantial evidence supports the board’s holding. Denies Spurlino’s cross-petition for review.

Indiana Supreme Court
J.M. v. M.A., et al.
20S04-1012-CV-676
Civil. Reverses trial court decision to set aside the paternity affidavit and remands to give J.M. the opportunity, as agreed to at oral argument, to challenge the paternity affidavit in the manner outlined in Indiana Code.

Elmer D. Baker v. State of Indiana
17S04-1009-CR-500
Criminal. Adopts the reasoning of the California Supreme Court and holds that the state may in its discretion designate a specific act or acts on which it relies to prove a particular charge. If the state decides not to so designate, then the jurors should be instructed that in order to convict the defendant, they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all of the acts described by the victim and included within the time period charged. Finds Baker did not demonstrate that the instruction error in his case so prejudiced him that he was denied a fair trial.

Lamar M. Crawford v. State of Indiana
49S05-1106-CR-370
Criminal. Affirms denial of two of Crawford’s requests for certain footage relating to his murder investigation for an in camera review. Crawford’s requests did not pass the first step of the three-step test used to determine the discoverability of information in criminal cases.

Crisis Connection, Inc. v. Ronald K. Fromme
19S05-1012-CR-678
Criminal. Reverses trial court order that Crisis Connection turn over counseling records for in camera review before turning them over to Fromme. The records are protected by the victim advocate privilege and Fromme does not have a constitutional right to an in camera review of Crisis Connection’s records. Remands for further proceedings.

Indiana Court of Appeals
Mickey Cundiff v. State of Indiana
31A05-1008-CR-607
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Cundiff was not entitled to a speedy trial pursuant to Indiana Criminal Rule 4(B) despite his incarceration on an unrelated cause. A defendant must be incarcerated on the pending charges to be entitled to the benefits of the 70-day speedy trial rule.

Save Our School: Elmhurst High School v. Fort Wayne Community Schools, et al.
02A04-1012-PL-746
Civil plenary. Affirms grant of motion to dismiss Save Our School’s complaint for declaratory judgment against Fort Wayne Community Schools seeking to force Elmhurst High School to remain open. FWCS's decision to close Elmhurst is not an action subject to judicial review as potentially violating the Indiana Constitution.

Elliott McKinley Montgomery v. State of Indiana (NFP)
45A03-1012-CR-616
Criminal. Affirms conviction of murder in the perpetration of robbery.

Term. of Parent-Child Rel. of A.H. and J.H.; Jo.H. v. I.D.C.S. (NFP)
89A04-1011-JT-706
Juvenile. Affirms involuntary termination of parental rights.

James Hatala v. Sally Hatala (NFP)
64A03-1011-DR-555
Domestic relation. Affirms in part the dissolution decree and reverses in part. Remands to revalue the proceeds from the condemnation settlements at zero, to recalculate its division of the parties’ marital assets, to determine what effect, if any, this recalculation has on the alleged intended 50-50 division of the marital estate, to recalculate what amount of Sally Hatala’s attorney fees, if any, James Hatala should pay, and to amend the divorce decree accordingly.

Ryan T. McMullen v. State of Indiana (NFP)
27A02-1009-CR-1165
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine and Class D felony possession of marijuana.

Jack Edwards, Jr. v. State of Indiana (NFP)
39A05-1006-CR-395
Criminal. Affirms convictions of two counts of murder and one count of attempted murder.

Robert M. Richardson v. State of Indiana (NFP)
48A04-1010-CR-654
Criminal. Affirms revocation of probation.

SB Hospitality, LLC, et al. v. R.S. Elliott Specialty Supply, Inc. (NFP)
71A05-1008-PL-702
Civil plenary. Affirms denial of SB Hospitality and Gita Patel’s motion to withdraw admissions and the grant of summary judgment for R.S. Elliott Specialty Supply.

KJE, LLC v. RAC Holdings, Inc., and Rex Carroll (NFP)
02A03-1102-PL-52
Civil plenary. Reverses summary judgment for Rex Carroll and RAC Holdings on the issue of whether RAC breached a franchise agreement.

Robert L. Frank, Jr. v. State of Indiana (NFP)
17A04-1012-CR-801
Criminal. Affirms sentence following guilty plea to Class B felony sexual misconduct with a minor and Class D felony sexual battery.

Term. of Parent-Child Rel. of Z.E., et al.; S.E. v. I.D.C.S. (NFP)
79A04-1101-JT-27
Juvenile. Affirms involuntary termination of parental rights.

Paternity of T.F.-W.; D.F. v. J.W. (NFP)
49A02-1009-JP-976
Juvenile. Affirms grant of legal custody of T.F.-W. to child’s biological father.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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